New York Court of Appeals

In the Matter of the Application of the Mayor, Aldermen and Commonalty of the City of New York, to Acquire Title to…

October 4, 1892135 N.Y. 253

Summary

The New York Court of Appeals affirmed the orders appointing commissioners to acquire title to waterfront property, holding that the statute authorizes condemnation for public purposes even when the land is leased for exclusive commercial use, that previously public use does not bar a subsequent public use condemnation if the statute permits, and that a bona fide price negotiation is not a prerequisite to the city’s eminent domain power.